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Jane Doe Deer
Jane Doe Deer, Attorney since 1986
Category: Personal Injury Law
Satisfied Customers: 3864
Experience:  Attorney since 1986
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Do I have a personal injury case

Customer Question

Do I have a personal injury case?
Submitted: 3 years ago.
Category: Personal Injury Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in "chat" mode I may have switched you to "question and answer." I sometimes have technical problems getting "chat" to work for me, plus it's hard to read and write in that mode.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Thank you for being a repeat Just Answer (or Eanswer) customer. Can you please give me some details about what happened to your daughter? (Or should I read through your previous questions to JA?)

 

I'll look forward to hearing from you,

 

Jane Doe Deer

Customer: replied 3 years ago.
I bought a horse from xxx (the agent in North Carolina). The legal owner of the horse xx lives in Virgina.xx knowingly bought this horse from some people ( the breeders) in Oklahoma. The horse was born crippled at birth and was thru surgery had bone removed from his knees. The breeders disclosed all this information toxx before the sale. She bought him anyway. I have a letter from the breeders stating this information. She paid $300 for the horse because he wasn't sound. I bought the horse off the Internet from a site calledxx. xx had him advertised. She did not disclosed any information on the horse. She did not mention the surgery. I bought this horse in good faith verbal contract. I paid $1250 thru paypal to xx, plus shipped a saddle to her I paid $1500.00 for. All of this transpired before I took possession of the horse. No I did not go look at the horse. I took this woman's word after having talked to her several times. I ask her if this horse was broke. She said yes and stated xxx was started on barrels. She showed me a video of the horse being ridden. When xxx arrived in Texas, it was pouring rain. He was unloaded put in a stall. I went into my house.This was on a Saturday. Sunday I had to go out of town. Monday I had several errands to run after my morning bus route. I drive school bus. So I told my 23 year old daughter when I got done with the afternoon route, we were going to ride xxx. When I got home,x ( my daughter) saddled this horse up and lead him to the arena. She got on him and as soon as her right foot was in the stirrup, xxx started bucking and bucked her off. She broke her hand/ wrist and had to have screws and a plate in her hand. I called  xx and left a message to her I did not want this horse. It was not broke and it had bucked my daughter off. She would not returned my call. I have been trying since Sept.27,2010 to recover my losses from xx and xxl. Both refuse. I would not have bought this horse if I had known it had been surgically altered and my daughter would not have gotten hurt.
Expert:  Jane Doe Deer replied 3 years ago.

Yes, you not only have a case for personal injury for your daughter's injuries, but you likely have a claim under the Uniform Commercial Code (UCC) for damages.

 

The UCC is a part of the law that few attorneys are familiar with. It's something they study for the bar and never deal with again. I haven't personally looked at it in years, but years and years ago I had a case involving a cat breeder, and that was covered.

 

Since this matter involves two states, I wouldn't suggest Small Claims Court - plus, you wouldn't get very much that way.

 

I suggest that you find a personal injury attorney in a large office (more resources), and an office that can handle UCC (or at least look into that for you).

 

In Virginia, you can find such attorneys through here: http://www.vtla.com/VA/

 

Or, in NC, you can find attorneys here: http://www.ncaj.com/

 

There is an additional option, but it would probably just cover the cost of the horse, nothing more. That's to file a consumer protection complaint in Virginia. http://www.oag.state.va.us/CONSUMER/index.html And/or file with the federal agency, which is fcc.org, if memory serves.

 

If it were me, I'd first looking into hiring an attorney in this particular instance. I just wanted to let you know all your options.

 

I wish your daughter a speedy recovery.

 

I'm going to take a break for about an hour, and will check back then for further questions, if any.

 

My best,

 

Jane

Jane Doe Deer, Attorney since 1986
Satisfied Customers: 3864
Experience: Attorney since 1986
Jane Doe Deer and 7 other Personal Injury Law Specialists are ready to help you
Customer: replied 3 years ago.
I want to know what is the UCC act? Does Virgina and North Carolina recognize the UCC? If I hire a personal injury lawyer,will they take it on a percentage? I don't have thousands of dollars to hire an attorney with.
Expert:  Jane Doe Deer replied 3 years ago.

I think that if you "shop around" you'll be able to find an attorney who will take this on contingency (commission) for somewhere between 25% and 40%. You'll have to pay costs, however, such as the filing fee for court, the cost of a medical expert, etc.

 

All states and the feds have uniform commercial codes as part of their state and federal laws. They cover much of commerce. For example, anything related to writing checks would be covered. (By the way, if you wrote a check, try to stop it, even this late in the game).

Customer: replied 3 years ago.
I was told by an attorney in Texas that I had to sue in North Carolina and Virginia, due you agree?
Expert:  Jane Doe Deer replied 3 years ago.
Yes, one or the other, or in federal court in one of those states.
Customer: replied 3 years ago.
who am I going to sue the owner in Virginia or the agent in NC?
Expert:  Jane Doe Deer replied 3 years ago.
Whoever (whomever?) is to blame. From what you told me, it sounded like the owner was fair and square, but the agent was deceptive.
Customer: replied 3 years ago.
the owner was actually was deceptive. She bought the horse knowingly that he was was crippled. I don't know if she disclosed that to the agent or not. the agent did not disclosed any information on the surgery or the crooked legs. so I was told i'd have to sue both. now i'm confused.
Expert:  Jane Doe Deer replied 3 years ago.

Yes, sue both. You can do that with just one lawsuit. You'd name both of them as defendants. You may also want to include a couple of "Jane Doe" and "John Doe" defendants, in case you later learn that other people were involved in the deception.

 

Later, if you learn that one of the defendants wasn't really at fault, you can agree with that D to dismiss him or her from the lawsuit.

 

Again, you don't necessarily have to sue. Suing should be a last resort.

Customer: replied 3 years ago.
I thought you told me to sue for my daughter's injury. also i want to know if the web site (BHW) can be held liable also. i reported Gina to them and they are still letting her sell horses on their site. she has sold cripped horses to other people. i have e-mails from people stating that.
Expert:  Jane Doe Deer replied 3 years ago.

I'm not "telling" you to to anything, just letting you know what all your options are.

 

I don't know what "BHW" is.

 

You can have as many defendants as are possibly at fault. You can also make claims for both the injury and rescission of the purchase of the horse in one lawsuit.

 

I do suggest that you talk with an attorney in person before deciding in what direction to go.

 

If you file a consumer protection complaint it will alert others. You can name several defendants in a complaint, too.

Customer: replied 3 years ago.

BHW is Barrel Horse World is a website that people can sell their horses on. Can I file a consumer protection report along with a law suit? Or is it one or the other? I have talked to a lawyer in Texas. He told me to get a lawyer in North Carolina or Virginia. I was asking you questions to have a better insite to the laws of these states. I don't know which state to get the lawyer in. The agent I bought the horse from lives in N.C. but the deceptive owner lives in Virginia. Does it matter which state I choose the lawyer from? I read some on the UCC and I thank you for this information.

.

Expert:  Jane Doe Deer replied 3 years ago.
I'm sorry, but picking where to sue - Virginia, NC, or federal court - is a matter of legal strategy. I can't tell you where to file - that would be giving legal advice.

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Jane Doe Deer
Jane Doe Deer
Personal Injury Lawyer
3864 Satisfied Customers
Attorney since 1986